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'Sentiments Can't Govern Judicial Discretion': Rajasthan HC Dismisses Plea Opposing Closure Of Century Old Railway School Running In Losses
ANIRUDH VIJAY
15 Feb 2022 1:00 PM GMT
The Rajasthan High Court has dismissed a public interest litigation opposing the decision of the railway authorities to close down the railway senior secondary school at Abu Road, which was operating since the year 1862. Noting that the school has been running in losses due to dwindling number of students, the division bench of Chief Justice Akil Kuresh and Justice Sudesh Bansal...
The Rajasthan High Court has dismissed a public interest litigation opposing the decision of the railway authorities to close down the railway senior secondary school at Abu Road, which was operating since the year 1862.
Noting that the school has been running in losses due to dwindling number of students, the division bench of Chief Justice Akil Kuresh and Justice Sudesh Bansal observed,
"It is rather unfortunate that the school which has been in existence since over a century, may have to be closed down. It does disturb us that in an area where educational facilities have still not fully developed to the desired extent, one public school is under closure. However such sentimental issues cannot govern our judicial discretion. The railway authority which has to run the school is in best position to decide its future. Unless the decision is shown to be malafide or opposed to any of the legal principles, the Court would not substitute its wisdom or desire for that of the authority. With a heavy heart we dismiss this petition."
The Court however made it clear that the decision to close the school shall not be implemented till the end of the current academic term.
"Further the school administration shall make all necessary efforts and arrangements to ensure that the students who are admitted in school in 11th standard secure admissions in other school in 12th standard if they pass out from the 11th standard," it added.
The case of the petitioner was that the entire region is a tribal belt, which has only two public schools, one government school and the present school, which has been operating since 1862.
Petitioners alleged that it would be tragic to shut down the school which is catering to the students coming from lower strata families and have been taking education at the said centre since more than a century.
Using school photographs, the petitioner showed that the facilities created by the railway authorities are in good condition. It was pointed out that as recently as five years back sizable expenditure was made in repairing these facilities.
In contrast, the case of the railway authorities was that over the period, the number of students in this school has been dwindling. The authorities produced charts along with an affidavit indicating the total number of students in past ten academic sessions to demonstrate this phenomenon.
According to the railway authorities, on account of heavy burden on the exchequer, due to poor student admissions, the authority had taken a decision to close down the school.
Case Title: Arvind Sharma v. North-West Railway and Ors.
Citation: 2022 LiveLaw (Raj) 62
Click Here To Read/Download Order
